Colonial Gas Association Limited Act of 1928 (19 Geo v) (Qld)

IIA. PRIVATE ACTS OF THE PARLIAMENT OF QUEENSLAND. 19° Gr li;ORr-i I I V. BRISBANE CITY COUNCIL. See COMPANIES (GAS COMPANIES). BRISBANE ROMAN CATHOLIC CATHEDRAL. See RELIGION (ROMAN CATHOLIC CHURCH). CATHOLIC CATHEDRAL LAND SALES. See RELIGION (ROMAN CATHOLIC CHURCH). COMPANIES. GAS COMPANIES. An Act to Enable The Colonial Gas Association 19 Geo. V. Limited, a Company duly Incorporated and ‘...,0TL011NBrA, Registered in England, to Supply with Gas ASSOGCAIASTION the Town of Sandgate and its Suburbs; ACLTIMoIrT1E9D28. and for other purposes. [ASSENTED TO 14TH NOVEMBER, 1928.] 7 HEREAS a Company, called the Colonial Gas Preamble. Association Limited (hereinafter called "The Company") was incorporated in England in the year one thousand eight hundred and eighty-eight under the provisions of *"The Companies Acts, 1862 to 1886," subject to the rules, regulations, and provisions contained in the Memorandum and Articles of Association of the Colonial Gas Association Limited, for the purpose (inter alia) of manufacturing, selling, and supplying gas or other means of public and private lighting, whether by the use of electricity or other methods, to cities, towns, districts, places, and establishments in Australia, and of *Imperial Acts-25 and 26 Vic. C. 59; 49 Vic. c. 23.

12274 GAS COMPANIES. Colonial Gas Association Limited Act. 19 GEO. V., manufacturing, rendering saleable, and dealing in coke, coal, and all residual products obtained in the manufacture of gas, or in the production of any other means of lighting, and for other purposes incidental or conducive to the attainment of the said objects: And whereas by the said Memorandum and Articles of Association it was agreed that the capital of the Company should consist of three hundred and fifty thousand pounds, divided into three hundred and fifty thousand shares of one pound each, but that the said capital might be increased by the creation of an additional number of shares in the manner in the said Memorandum and Articles of Association mentioned: And whereas by the said Memorandum and Articles of Association provision has been made for the payments of dividends and for the disposal and application of profits and also for the proper management and control of the affairs of the Company: And whereas in or about the year one thousand eight hundred and ninety the Company acquired certain lands in the town of Sandgate, in the State of Queensland, and erected thereon works for the manufacture and supply of gas and of residual products obtained -in the manufacture of gas, and commenced to sell and supply, and has since continued to sell and supply, gas in the town of Sandgate and its suburbs, and for that purpose has, with the consent of the Local Authorities, laid pipes and erected lamps in, under, across, and along streets, ways, and public passages in the said town and its suburbs: And whereas it is expedient that provision should be made for validating the action of the said Company in acquiring the said lands, erecting the said works, manufacturing and supplying the said gas and products, and laying the said pipes and erecting the said lamps, and it would be of advantage and convenience if powers were given to the said Company effectually to supply the town of Sandgate aforesaid and its suburbs, being that part of the area comprised in the City of Brisbane which was formerly comprised in the Local Authority area known as the town of Sandgate (including Nudgee, Cribb Island, Zillmere,.and Bald Hills), with gas, and to erect all necessary works for such purpose, and for the purposes aforesaid it is necessary to obtain the authority of an Act of Parliament:

•, v, s, i , , : 1928. GAS COMPANIES. Colonial Gas Association Limited Act. 12275 Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- 1. The Company shall be deemed to have had at Ratification. all times since the year one thousand eight hundred and ninety, until the passing of this Act, full power to acquire lands in the town of Sandgate, and to erect thereon works for the manufacture of gas and of residual products obtained in the manufacture of gas, and to sell and supply gas to the inhabitants of Sandgate aforesaid and its suburbs, and for that purpose, with the consent of the Municipal Council of Sandgate and its successors within the municipality of Sandgate, to break up the soil and pavements of and cut into and remove the materials of any streets, highways, roads, ways, and public passages and places, and to lay pipes and erect lamps in, under, and along streets, highways, roads, ways, and public passages and places in the town of Sandgate and its suburbs. 2. No claim, demand, action, suit, information, Protection aptrtoesmepcutetdioonr, poerromthiteterdptroocbeee, dminagdes,hianlsltibtue, teodr, boer F a t or Z pa i s n t a g c s ts. maintained against the Company or any of its past or present directors, officers, or servants, in any Court whatsoever in respect of the Company, its past or present directors, officers, or servants, having heretofore, without the authority of an Act of Parliament having been first obtained, acquired lands in the town of Sandgate and its suburbs, and erected thereon works for the manufacture of gas and of residual products obtained in the manufacture of gas, and having sold and supplied gas to the inhabitants of Sandgate aforesaid and its suburbs, and for that purpose having, with the consent of the Municipal Council of Sandgate and its successors within the municipality of Sandgate, broken up the soil and pavements of and cut into and removed the material of any streets, highways, roads, ways, and public passages, and places, and having laid pipes and erected lamps in, under, and along streets, highways, roads, ways, and public passages and places in the town of Sandgate and its suburbs.

12276 GAS COMPANIES. Colonial Gas Association Limited Act. 19 GEO. V., Saving of contracts, eth. 3. Nothing herein contained shall prejudice or be deemed to prejudice any deposit or instalment due to or any contract or other act, deed, or thing entered into, made, or done by the Company, under or by virtue of the said Memorandum and Articles of Association, before this Act shall come into operation, except in so far as the same is in this Act specifically provided, but the same shall be as valid and effectual to all intents and purposes as if this Act had not been passed. Company to 4. The Company shall, within three months after CunodmepraBrnriietsish tbheecopmaessrienggistoefretdhiins AQucet, entaslkaendthuendneerctehsesparroyvisstieopnss otof Act. *" The British Companies Act of 1886." Power to 5. The Company are hereby empowered to enter gmaasn. ufacture umpaotneraianlds caosnatrinisueeftrhoemmtahneucfoacntvuerresoiofngaasndanmdasnuucfhaocttuherer of the residuum occasioned by the production of gas, and the processes connected therewith, by means of any apparatus or other appliances, and by any process, art, or invention now or hereafter to be known or used, and from any substance that now is or may hereafter be used for such purposes, subject to the provisions and restrictions hereinafter contained. Limited 6. It shall be lawful for the Company, notwithstand- power to ing any statue or law to the contrary, and notwithstanding thaoklde alanndds. any clause or provision herein contained, to purchase or acquire, take, hold, and enjoy, to them and their successors, for any estate, term of years, or interest, such lands, buildings, works, mains, pipes, and apparatus as they may think requisite for any of the purposes of this Act. Power to 7. It shall be lawful for any person or persons who other persons are otherwise competent to grant, bargain, sell, alien, and tporocpoenrvteyyth convey, assure and dispose of, unto, and to the use of the the Company and their successors for the purposes aforesaid, Company. or any of them, any such lands, buildings, works, and other estate aforesaid. Power to 8. It shall be lawful for the Company to sell and sdlauisnppdeosrsf.leuoofus dmiespnotss,euonfd, earnthdebhyadnedesdoforthdeedeidrse,citnosrstroufmthenetCoorminpsatnruy-, or a majority of them, and under the corporate seal of the Company, to grant and convey, transfer or assign, by way * 50 Vic. No. 31, svpra, page 277.

GAS COMPANIES. 12277 1928. Colonial Gas Association Limited Act. of absolute sale in fee-simple, or for any less estate, for a valuable consideration, all or any part or parts of the said lands which shall have been so purchased or acquired, and which shall not be wanted for the purposes of this Act, and upon payment of the purchase money which shall arise on such sale or sales or of any part or parts thereof, it shall be lawful for the Secretary for the time being of the Company to sign and give a receipt or receipts for the money for which the same shall be sold, which receipt or receipts shall be a sufficient discharge or sufficient discharges to any person or persons for the moneys therein expressed to be received. 9. No judgment or other special or simple contract Protection of creditor of the Company or other person shall by reason cperortpaeinrty of any covenant, judgment, execution, distress, or other from process authorised by this Act or the Company's Articles execution. of Association or by or under any law, title, or pretence whatsoever, levy or seize in execution, or in any way attempt to recover the payment of any sum or sums of money due or payable to him from the Company, by taking or removing any of the pipes or lamps of the .Company laid, placed, or running in, under, or through any street, lane, or bridge in, the town of Sandgate aforesaid or its suburbs, or in any building not being in the actual occupation of the Company. peten1t0.to Aholllsdalaanriyedshoaffrieceorrs sohf athreesC, oemstpaaten,yosrhainlltebreecsotmin- soPaloElwacreeierrsdfotor the capital, stock, funds, or property thereof, either solely hold shares. •or jointly for themselves or in trtist for any other person or persons. 11. It shall not be necessary to use the corporate seal tusthor,ity to in respect of any of the ordinary business of the Company, wi Ph t:nubse of tahnedcaonrypopreartseosneadlumlyaayu, twhoitrhisoeudt asuncdhesmeaplo,wexeerecdutuenadneyr s c e o a r l p . orate deed and do all other acts, matters, and things which may be required to be executed and done on behalf of the company and in conformity with the provisions of this Act and of the Company's Articles of Association. 12. In all cases in which by any Act of Parliament Power to or by any rule or order of the Supreme Court or any someeras,ryo,r oththeerpCloauinrttnifofwoorrdheerfeeanftdear ntot bine iannfoyrcaecitnioQnu,eseunsilta,nodr, a tche g ir e tn n ag t is s n. , to do proceedings, or any creditor in any insolvent estate, or

12278 GAS COMPANIES. Colonial Gas Association Limited Act. 19 GEO. V., any person being a party to or interested in any process or proceedings whatsoever, is or shall be authorised, empowered, or required to make any affidavit, or to sign or present any petition, or to do any other act, it shall be lawful for the secretary or other authorised officer or agent of the Company (where the Company shall be such plaintiff, defendant, or creditor, or be a party to or otherwise interested in any process or proceedings whatsoever as aforesaid), for or on behalf of the Company, to make such affidavit, sign or present any such petition, or do such other act as aforesaid. Quality of gas. . 13. The Company shall supply gas of such illuminating and heating power, purity, and pressure as may be from time to time prescribed by the provisions of *" The Gas Act of 1916" or any Act amending or in substitution for that Act. Ao A f c p t p " o l T i f c h 1a e 9ti1o G 6n m ." be a M" goarseocvoemr,ptahneyC" ofomrptahneypsuhraplol sbees a o n f d * b " e Th d e ee G m a e s d A t c o t of 1916" (or any Act amending or in substitution for that Act), and such Act shall extend and apply accordingly. gePraoeswcotmerettoer, it sha 1 l 4 l . beWlaitwhfiunltfhoer ttohwe Cn oomf Spaannyd,gaanted athnedyiatsresuhberuerbbys &c., break authorised and empowered, subject to the provisions and uppavseomil, ents, restrictions hereinafter contained, by their servants, and agents, or workmen, and others, from time to time smtraeteertisaalsnodf to erect, sink, cut, lay, place, and fix such retorts, bridges. gasometers, receivers, buildings, fixtures, engines, cisterns, machines, drains, sewers, watercourses, pipes, reservoirs, and other apparatus, works, and devices of such construction and in such manner as the Company shall think necessary or proper for carrying the objects and purposes of the Company and of this Act into execution, and also, subject to the provisions and clauses hereinafter mentioned, to break up the soil and pavements of and cut into and remove the materials of any streets, highways, roads, ways, lanes, bridges, passages, and other public places or any part of them, Erect lamps. or either of them, and to erect posts, pillars, pilasters, lamp-irons, lamps, and other apparatus in and upon the same streets, highways, roads, ways, lanes, bridges, passages, and other public places or any of them, or * 7 Geo. V. No. 11, supra, page 7468.

GAS COMPANIES. 12279 1928. Colonial Gas Association Limited Act. against any wall or walls erected on or adjoining to them or any of them, and to dig and sink trenches and drains, and to lay and place meters, mains, and pipes, Lay pipes. and put and place stopcocks, syphons, plugs, or branches from such pipes in, under, across, and along places, streets, ways, lanes, bridges, or public passages, and also, with the consent of the owners or occupiers thereof, in, under, across, and along any private ways, buildings, passages, grounds, and other places in such manner as shall be necessary for the purpose of carrying this Act into execution, or supplying any such gas as aforesaid, and from time to time to alter the position of, and to repair, relay, and maintain such pipes, stopcocks, knd alter syphons, and plugs, or branches or other necessary them. apparatus from any main or pipe laid in or upon any street, road, highway, lane, bridge, passage, or public or private place by the Company by virtue of this Act, into or through any dwelling-house or houses, manufactories, public or private buildings or grounds, for the purpose of lighting the same, or any other public or private lamp or lamps from any such main or pipes, and to erect and a- rope:act-bus. set up any machine or other apparatus necessary or P requisite for securing to any dwelling-house or houses, manufactories, public or private buildings, a proper and competent supply of gas, or for measuring and ascertaining the extent of such supply, and also to alter and amend any bad or imperfect work which shall have been placed or any work which shall be injured or damaged in such dwelling-house or houses, manufactories,- public or private buildings, and to do all such other acts, matters, and things as the Company shall from time to time think necessary and convenient for completing, amending, repairing, improving, supplying, and using the same, and for carrying into effect the purpose and meaning of this Act, provided a proper compensation be made for any damage done thereby: Provided that the Company shall not erect or re-erect or alter or add to any gasometer, except in accordance with plans which have first been approved in writing by the Council, and shall not erect or re-erect a gasometer except on a site which has first been approved in writing by the Council: Provided further that the Company shall not break up the soil or pavement of or cut into or remove the materials of any street, highway, road, lane, bridge, passage, or other public place save in such part thereof

12280 G-AS COMPANIES. Colonial Gas Association Limited Act. 19 GEO. V., as shall be approved by the Council, or lay any pipe therein at a less depth than two feet measured from the top of the pipe to the surface. Power to 15. Within the town of Sandgate and its suburbs, e m n s te p r ec a t r p t. ipes, the directors of the Company shall have full power and lamps, and authority either by themselves or their agents, surveyor, meters. or other officer appointed for that purpose, at all reasonable times, and as often as they shall think necessary, to inspect and examine all pipes and lamps in any building and on any part of the same in the occupation or possession of any person with whom the Company shall at any time enter or have entered into any contract or agreement for the sale or supply of gas, and to repair and amend such pipes and lamps in all respects, if necessary, and to take account of the number of cubic feet of gas consumed under all or any of such contracts or agreements as aforesaid, and to compare the amount so ascertained to be consumed with the tenor and nature of the contract in relation to such supply and consumption, and to regulate the same in accordance therewith, and for any other lawful and reasonable purpose consistent with and relating to any contract entered into by the Company under the powers contained in their Articles of Association or in this Act. iPfniotstwpineegcrtstoand it sh 1 al 6 l . bWe liatwhifnutlhfeortotwhendoifreScatnodrsgaotfethanedCiotsmspuabnuyrbosr, brtoeamdoorwdvaoelrrkot. hf e tehxeaimr dinuelyataualtlhroeraisseodnasbulrevetiymoersoarnsyergvaasnftsitttionginssoprecwtoarnkds which shall have been made, erected, or put up by any person with whom the Company shall have contracted for the supply of gas; and if such surveyor or other servant of the Company shall consider any such gas fittings or works to be incomplete or otherwise defective, the person so contracting with the Company and having erected and put up such fittings or works shall not be entitled to call on the Company for the fulfilment of any contract for the supply of gas until such fittings and such works shall have been amended and altered or removed, and other fittings and works substituted in lieu thereof, to the satisfaction of the surveyor or other officer of the, Company inspecting the same. clPiogonhwttreinarcgttofor it sh 1 al 7 l . beWlaitwhifnulthfoerttohwe nCoomf Spaanndygtaotecoanntdraicttswsuitbhutrhbes- streets and Local Authority or persons having the control, direction, houses. or management of the streets, highways, or any of them,

GAS COMPANIES. 12281 1928. Colonial Gas Association Limited Act. for supplying the same with gas, and also to contract with any person for supplying with gas any such person, or any streets, ways, lanes, bridges, or passages, manu- factories, shops, warehouses, public or private houses or buildings belonging to him or in which he is interested or over which he has the direction or control, and also to contract with any person whomsoever for lighting or supplying with gas any shops, manufactories, warehouses, public or private buildings or places whatsoever within the limits of this Act, in such manner and under such stipulations as the Company shall think proper, consistent with the powers contained in their Articles of Association and in this Act. 18. Within the town of Sandgate and its suburbs Power to lay it shall be lawful for the Company, and they are hereby ir=ot.X. fully authorised and empowered, subject to the regula- from main. tions herein contained, from time to time to carry, fit up, and furnish any pipes, cocks, or branches, or other necessary apparatus from any main pipes in any roadway, street, lane, bridge, or other public passage or place laid by or belonging to the Company, in or through any dwelling-house, manufactories, public or private build- ings, for the purpose of lighting the same, or any public or private lamps, with the consent of the owner and occupier of such dwelling-houses, manufactories, public or private buildings. it sh1a9ll.nWot ibtheilnawthfeutlofworntohfe SCaonmdgpaatneyatnodbirtesaskubuuprbosr D j,lor u eta t ic y il, t g o ef g uo i p v r e e take up or remove any of the pavements, ground, or pavements, material in any road, street, lane, bridge, way, or other roads' public passage or place for the purpose of laying down or repairing any main pipes, or of altering the position of or inspecting any main pipes, unless notice, in writing, of their intention to break or take up such pavement, ground, or material, signed by the secretary or other authorised officer of the Company, and specifying the road, street, way, lane, bridge, or other public passage or place and the particular part thereof intended to be broken, taken up, or removed, shall have been given to the town clerk of the municipality or shall have been left for him at his public office at least twenty-four hours before such pavement, ground, or material, or any part thereof shall be so broken or taken up, except in cases of emergency arising from defects in any of the pipes or in any other case of great emergency, when such notice

12282 GAS COMPANIES. Colonial Gas Association Limited Act. 19 GEO. V., shall be given as soon as possible after such pavement, ground, or material or any part thereof shall be broken or taken up. Except in case of emergency as aforesaid, the Company shall only break up or take up or remove any of the pavements, ground, or material in any road, street, lane, bridge, way, or other public passage or place for the purposes aforesaid or any of them on such days and at such times as the person having control, direction, or superintendence of such pavement, ground, or material shall from time to time reasonably direct. Duty to relay pavements • or roads broken up. • 20. When and so often as the Company shall have lawfully broken up or removed the stones, ground, soil, pavement, or material in or of any road, street, way, lane, bridge, or other public passage or place or any part thereof, the Company shall and they are hereby required immediately thereafter to reinstate and make good such ground, soil, pavement, or material to the satisfaction of the said persons having the control, direction, or superintendence of such pavement, soil, ground, or material respectively; and the Company shall carry or cause to be carried away all the surplus earth, filth, and rubbish occasioned thereby at their own costs and charges; and during the time that such works are carrying on, and until such ground, soil, pavement, or material is reinstated as aforesaid, the Company shall provide necessary lights at night and otherwise guard the said works so as to prevent any damage or inconvenience happening to passengers, cattle, or vehicles; and in case the Company shall make default in reinstating such ground, soil, pavement, or material as aforesaid, or removing any rubbish occasioned thereby, or in placing or setting up such lights at night, and otherwise guarding the said works so as to prevent accidents to passengers, cattle, and vehicles, then and in every such case it shall be lawful for the said persons having such control, direction, or superintendence as aforesaid to reinstate such ground, soil, pavement, and material, and carry away all rubbish occasioned thereby, and during the time that such works are carried on to provide necessary lights at night; and the expenses thereof shall be repaid by the Company to the persons so reinstating the same, and in default of payment thereof within twenty-eight days next after demand thereof, in. writing, shall have been made by such persons as aforesaid (proof being made thereof by the oath of one credible witness before one or more justices of the peace), all such sums of money

1928. GAS COMPANIES. Colonial Gas Association Limited Act. 12283 so paid, together with any sum not exceeding twenty shillings by way of penalty, shall and may be levied and recovered for the use of such persons by distress and sale of the goods and chattels of the Company, except as hereinbefore provided, together with the charges of such distress and sale, by warrant under the hand or hands of any such justice or justices, who is and are hereby empowered to grant the same. 21. The Company shall, at its own expense, Company to maintain for a period of six months to the satisfaction mafualetaeliolf of the Local Authority the surface of any such road, read, sm. street, way, lane, bridge, or other public passage or place where the same has been broken up by the Company. If the Company shall make default in such maintenance (of which default the City Engineer shall be the judge), the Local Authority may carry out any necessary maintenance works and recover the cost thereof from the Company as a debt. 22. If the Local Authority or other person having Duty of rthoeadcso, nsttrroele, tdsi, rwecatyiosn, , laonressu, pberriidngteens,daenndceoothf ethr epusabildicA g L i eu v e e tah le L v or e it l y s to passages and places respectively, shall have taken or of streets. shall take any permanent levels of the said roads, streets, ways, lanes, bridges, and other public' passages and places respectively, or any of them, the said Local Authority or other person, as the case may be, shall- from time to time supply full information to the Company respecting the permanent levels so taken of the said roads, streets, ways, lanes, bridges, and other public passages and places, or any of them, within fourteen days next after they shall have received notice from the Company so to do: Provided that the Local Authority shall not be compelled to take or give to the Company any permanent levels of any roads, streets, ways, lanes, bridges, or other public passages and places other than those already taken in conformity with the Local Authorities Act. 23. The Local Authority may give to the CompanyLeem notice of its intention to forthwith alter the level of any Autho r ity road, street, way, lane, bridge, or other public passage 1 :ZrnrY iotrs pmlaacien, painpdesc, aclloucpkosn, styhpehCoonms, ppalnuygtso, oforrbthrwanicthheloswsoeranni o t ttt e lii rn ceoeolevfvneel oo f that they shall conform to the provisions of section road ' 84c'

12284 GAS COMPANIES. Colonial Gas Association Limited Act. 19 GEO. V., fourteen, and if the Company does not comply with any such requisition of the Local Authority within the time specified in such requisition the Local Authority may itself, by its officers, servants, or contractors, proceed to lower any such of the Company's works as may be necessary to conform to the provisions of the said section fourteen. The athount of any expenses necessarily incurred in lowering such works shall be borne and paid by the Local Authority. Liability of 24. Provided always that if by raising, sinking, or A mLouacktahelogroiotyd to aolrtebrrianngcahneys ooff tthheesCaiodmmpaainnypaipneys, dcaomckags,esoyrphinojnusr,ypsluhgasll, damages. be negligently or wilfully done to the same by the Local Authority or its servants or such other person as afore- said, then and in such case such damage or injury shall be made good to the Company, and the costs, charges, and expenses thereof shall be made good to them on demand by the Local Authority or other person aforesaid, and recovered in the same manner as any penalty inflicted hereby not specially provided for is to be recovered under this Act. Prohibition 25. No person shall lay any pipe to communicate against the with any pipe belonging to the Company without the plaiypiensgooff consent in writing first had and obtained of the secretary communica- or surveyor of the Company or other person duly tthioencwonitsheonut t authorised for such purpose by the Company, nor use of the burners of larger'climensions or in any other manner than Company. he shall contract to pay for, or supply any other person with any part of such gas, on pain of forfeiting and paying to the Company the sum of forty shillings per day for every day such pipes shall so remain, or such excess be committed, or such supply be furnished, to be recovered or levied in such manner as other penalties and forfeitures by this Act imposed are directed to be levied and recovered. Satisfaction 26. If any person shall wilfully, maliciously, or p fo ip r e d s a , m & a c g . ing i n n e j g u l r i y geonr tdlyamdaogoertocaaunsyeotfothbee mdoainnes oorr cseormvimceitpteipdesanoyf the Company either by removing or disturbing the ground, soil, or material whereon or wherein the same is laid or placed, or by the compression or subsequent settling or lowering of the same at any time or times afterwards, or

air 1928. GAS COMPANIES. Colonial Gas Association Limited Act. 12285 by any other means whatsoever, or if any person whom- soever shall wilfully and maliciously remove, destroy, damage, or injure any or any part of any pipe, post, plug, lamp, or apparatus, matter, or thing belonging to the Company, or shall wilfully or maliciously waste or improperly use any of the inflammable air or gas supplied by the Company, or shall alter, exchange, or remove the burners belonging to the Company from the pipes of supply, every person so offending in any of the respective premises, and being thereof lawfully convicted before one or more justice or justices of the peace, shall, for every separate act or offence, forfeit and pay to the Company any sum not exceeding five pounds and three times the amount of damages done as the same shall be ascertained by such justice or justices; such penalty and damage to be recovered and levied in such manner as other penalties and forfeitures by this Act imposed are directed to be levied and recovered. 27. If any person shall carelessly or accidentally Satisfaction lbarmeapkh,udnegsotruoty, s,etthurop, wordboewlonn, gdinagmtaogteh,eoCroimnjpuarneyaonryla a foa m rma p aco : eidnteotal by any person at his private expense, or any part of any pipe, pillar, pedestal, lamp-post, lamp-iron, plug, or other apparatus, matter, or thing set up by or belonging to the Company, or belonging to any person and set up by him at his private expense, or carelessly or accidentally waste any of the inflammable air or gas supplied by the Company, or keep the light or lights burning for a longer time than he shall contract to pay for, and shall not, upon any demand by the Company, or by their board of directors or their secretary or superintendent or other person authorised by them, make satisfaction for the damage done, for the excess of gas so wasted or used, ,or keeping the lights burning longer than he shall have contracted for as aforesaid, then and in every such case it shall and may be lawful to and for any one or more justice or justices of the peace, and he and they is and are hereby empowered and required, upon complaint to him or them made, to summon before him or them the party against whom such complaint shall be preferred, and upon hearing the allegations and proof on both sides, or, on non-appearance of the party complained against, to proceed ex parte, and to award such sum of money by way of satisfaction to the Company or to such other person (as the case may require) for such damage or

12286 GAS COMPANIES. Colonial Gas Association Limited Act. 19 GEO. V., excess or waste as such justice or justices shall think reasonable, not exceeding the sum of ten pounds, to be recovered and levied in such manner as other penalties and forfeitures by this Act imposed are directed to be levied and recovered. Duty to 28. When any gas shall be found to escape from epsrceavpeenot f gas. any of'the pipes which shall be laid down. in any market, street, square, lane, public passage, or place within the limits of this Act, the Company or the person, being the owner of such pipe, so laying down or causing the same to be laid in any such market, street, square, lane, public passage, or place shall, immediately after notice of such escape of gas shall be given to them or him, in writing, from any inhabitant within the said limits, cause the most speedy and effectual measures to be taken to stop and prevent such gas from escaping; and in case the Company or such person as aforesaid shall not, within forty-eight hours next after such notice given, effectually stop and prevent any future escapes, and wholly remove the cause of complaint, then and in every such case the Company or person as aforesaid shall for every such offence forfeit and pay any sum not exceeding five pounds for each day after the expiration of forty-eight hours from the time of giving such notice during which the gas shall be suffered to escape as aforesaid, which penalties shall from time to time be recovered and levied in. such manner as other penalties and forfeitures by this Act imposed are directed to be levied and recovered. Duty to 29. Whenever the water which may at any time prevent con- hereafter be supplied for the use of the inhabitants of toafmwinaatetirobny the town of Sandgate or its suburbs shall be contaminated Company. or affected by gas of the Company, and the Company shall not, within forty-eight hours next after notice thereof in writing (signed by any person consuming the said water) being given. to the Company, by being left at the office or usual place of business of the Company, .effectually stop and prevent gas from so escaping, and prevent all and every such contamination. whereof notice shall be given as aforesaid, then and in every such case the Company shall, on each and every complaint whereof notice shall be given as aforesaid, forfeit and pay to the proprietors for the time being of waterworks from which such water shall be supplied any sum not exceeding the sum of ten pounds for each and every day

GAS COMPANIES. 12287 1928. Colonial Gas Association Limited Act. during which the water shall be or remain contaminated or affected by the gas of the Company; and such penalties shall and may be recovered and levied in such manner as the penalties and forfeitures by this Act imposed are directed to be levied and recovered. 30. In case a question shall arise upon such corn- Power to plaint as aforesaid, whether the water be contaminated= or affected by the gas of the Company, it shall be lawful to dig streets taofoarnedsafiodr,toher apnroypprieertsoorns odruplyerasuonthsosruispepdlybinygthweamterinasthtahenedpeixpaes olike that behalf, to dig to and about and search and examine Com pany' the mains, pipes, conduits, and apparatus of the Company for the purpose of ascertaining whether such contamination proceed from or be occasioned by the gas of the Company; and if it shall appear that the said water has been contaminated by any escape of gas of the Company, the costs and expenses of such digging, search, examination, and repair of the ground and pavement of the street which shall be taken up and disturbed shall be borne and paid by the Company, which costs and expenses shall be ascertained and determined (if necessary) by such justice or justices of the peace as aforesaid, and be recovered in like manner as any penalty may be recovered by virtue of this Act: Provided always that if upon such examination it shall appear that such contamination has not arisen from any such escape of gas from any of the mains, pipes, or conduits of the Company, then and in every such case the proprietors or owners of such waterworks, as the, case may be, shall bear and pay all expenses of such examination, repair, and search, and also shall make good to the Company any injury, loss, or damage which may be occasioned by the said mains, pipes, conduits, or apparatus of the Company (if any) and by such search and examination, and also to the ground and pavements of the streets so broken or disturbed in such search or examination. The amount of such injury, loss, or damage shall be ascertained and determined (if necessary) by such justice or justices of the peace as aforesaid, and be recoverable in like manner as any penalty may be recovered by virtue of this Act. Com3p1a.nyIn, ocarsaegareney tpoertsaokne worhsohsahlal lul sceonantrdacetnwjoityhgthaes r R ree e nc m ot: e e d /7 y foofr either in private dwellings, shops, inns, taverns, or other buildings or manufactories, grounds, or premises,

12288 GAS COMPANIES. Colonial Gas Association Limited Act. 19 GEO. V., or otherwise, shall refuse or neglect, for the space of seven days after demand, to pay the sum of money then due for the same to the Company according to the terms and stipulations of the respective persons with the Company, it shall be lawful for the Company in addition, and without prejudice to any right of action of the Company for the recovery of such moneys, to cut off and take away the supply of gas from the house, inn, tavern, shop, manufactory, warehouse, or other buildings, premises, or places of every such person making default in payment of such sum of money to the Company for the space of seven days after such demand as aforesaid, and thenceforth to discontinue the supply of gas to such person. In addition to its other remedies (if any) for the recovery of any sum so due, the Company may recover the same by action in any court of competent jurisdiction, Penalty for 32. If any person shall wantonly or maliciously Cinotemrpruapntyi' nsg hinder or interrupt the Company or their respective workmen. agents, workmen, or servants, or any of them, in lawfully doing or performing any of the works or in exercise of any of the powers and authorities by this Act granted, or shall in any wise cause or procure such interruption to take place, and shall be thereof convicted before any such justice or justices of the peace as aforesaid, either on evidence or on confession, every such person so offending shall for every such offence forfeit and pay to the Treasurer for the time being, for the public use of the said State and the support of the Government thereof, such sum or sums of money as shall be adjudged by such justice or justices not exceeding five pounds, and also the full amount of the damage which shall be sustained by such hindrance or interruption, and such sum or sums of money so adjudged and damage shall be recovered in like manner as any penalty or forfeiture can or may by this Act be recovered, or the Company may at their own option sue for the damage sustained by them through such hindrance or interruption. Method of 33. Where by this Act any damages or charges are admeteorumnitnoinfg directed or authorised to be paid or recovered in addition damages and to any penalty for any offence in this Act mentioned, ccahsaergoefs in the amount of such damages or charges in case of any dispute. dispute respecting the same shall be settled, ascertained, and determined by the justice or justices of the peace by or before whom any offender shall be convicted of MIR .43

GAS COMPANIES. 12289 1928. Colonial Gas Association Limited Act. any offence; and such justice or justices are hereby authorised, upon nonpayment thereof, to levy such damages and charges by distress and sale of the •offender's goods and chattels in manner directed by this Act for the levying of any penalties and forfeitures. be di 3 re 4 c . teWd hoernoardnedresod obfyteannaysjaunstyicseumorojuf smtiocneesyofshthalel eMpxaeaytcmhtoiendngtoof f paseaocre binypwurasyuaonfcceoomf tpheisnsAactitoton boer psaaitdisbfayctthieonCofomrpaannyy = damoPagresn- material or costs, or for any damage, spoil, or injury of payable by any nature or kind whatsoever done or committed by Company. the Company or by any person acting by or under their authority, and such sum of money shall not be paid by the Company to the party or person entitled to receive the same within ten days after demand, in writing, shall have been made upon the Company or their secretary in pursuance of the direction or order made by such justice or justices and in which demand the order of such justice or justices shall be stated, then and in such cases the amount of such compensation or satisfaction shall and may be levied and recovered by action at law against the Company, or by distress and sale of the goods and chattels vested in the Company by virtue of this Act, except as hereinloefore provided, under a warrant to be issued for that purpose by such justice or justices, which warrant any such justice or justices is and are hereby authorised and required to grant, under his hand and seal or their hands and seals, on application made to him or them for that purpose by the party entitled to receive such sum of money as by way of compensation or satisfaction for any such material, costs, damages, spoil, or injury as aforesaid; and in case any overplus shall remain after payment of such sum of money and the costs and expenses of hearing and determining the matter in dispute, and also the costs and expenses of such distress and sale, then and in such case such overplus shall be returned on demand to the Company. 35. All fines, penalties, and forfeitures for all and Recovery every offence in this Act mentioned, or by any rule, order, :pnpdlication of or by-law inflicted or imposed, in relation to which the penalties. manner of convicting the offender or of applying the penalties is not particularly mentioned or directed, or which shall be inflicted or imposed by any rule, order, or by-law to be made under the authority of this Act, shall,

12290 GAS COMPANIES. Colonial Gas Association Limited Act. 19 GEO. V., in case of nonpayment thereof, be adjudged by and be recovered before any justice or justices of the peace for the State of Queensland in a summary way; and in default of payment of such fines, penalties, or forfeitures, the same shall be levied by distress and sale of the offender's goods and chattels, or of the goods and chattels of the Company, except as hereinbefore provided, if they shall offend and be convicted as aforesaid or of any offence in this Act mentioned, by warrant under the hand and seal, or hands and seals, of such justice or justices. The whole of the fines, penalties, and forfeitures, when recovered after rendering the overplus (if any) on demand to the party or parties whose goods and chattels shall be so distrained (the reasonable charges of such distress and sale being first deducted), shall be paid to the Treasurer for the time being for the public uses of the said State and the support of the Government thereof; and in case such sufficient distress cannot be found, and such fines, penalties, and forfeitures shall not be forthwith paid upon such conviction by any person offending and convicted, then it shall be lawful for such justice or justices to order the offender so convicted to be retained in safe custody . until return can be conveniently made to such warrant of distress, unless the offender shall give security to the satisfaction of such justice or justices for his appearance before him or them on such day as shall be appointed for the return of such warrant of distress, such day not being more than five days from the time of taking any such security, and which security the said justice or justices is hereby empowered to take by way of recognisance or otherwise; but if, upon the return of such warrant it shall appear that no sufficient distress can be had thereupon, or in case it shall appear to the satisfaction of any justice or justices, either by the confession of the offender or offenders or otherwise, that he has not sufficient goods and chattels whereon such fines, 'penalties, forfeitures, costs, and charges can be levied if a warrant of distress were issued, such justice or justices shall not be required to issue such warrant of distress; and thereupon it shall be lawful for any such justice or justices of the peace, and he and they is and are hereby authorised and required, by warrant under his hand and seal or their hands and seals, to commit such offender to the nearest house of correction or common gaol for any period of time not exceeding three calendar months. MN(

GAS COMPANIES. 12291 1928. Colonial Gas Association Limited Act. 36. And for the more easy conviction of offenders Form of against this Act a conviction in the form or to the effect conviction. following shall be good without alleging more than the substance of the offence, that is to say,— Queensland Be it remembered that on the ' day of to wit k One thousand nine hundred and is [or are] convicted by me [or us], of His Majesty's Justices of the Peace for the State of Queensland, by virtue of " The Colonial Gas Association Limited Act of 1928," for [specifying the offence and the time and place where the same was committed] contrary to the said Act, and for which I [or we] adjudged the said to have forfeited the sum of £ Given under my hand and seal [or our hands and seals] the clay and year first above written. 37. If any person who shall be summoned as a Penalty for witness to attend and give evidence before any justice or arettendgast° justices of the peace touching any matter of fact con- witness. tamed in any information, or complaint for any offence committed against this Act, either on the part of the prosecutor or on behalf of the person accused, shall refuse or neglect to appear at the time and place to be for that purpose appointed, after having been paid or tendered a reasonable sum for his loss of time, charges, and expenses, without a reasonable excuse for his refusal or neglect, or appearing shall refuse to be examined upon oath and give evidence before such justice or justices of the peace, then and in every such case every such person shall forfeit and pay for every such offence any sum not exceeding five pounds. 38. Any person whosoever thinking himself aggrieved Appeal to by the order or determination of any justice or justices of the Judge of the peace in pursuance of this Act may appeal to the sueprner, " Supreme Court of Queensland to be holden at Brisbane Court. in the said State. 39. It shall not be lawful for the Company to Refusal of sreufpupsley tgoassuopnp. ltyheggarsotuonadnaylopneerstohanttsoucwhhpoemrsoitnsihsaullsicnogmPan Y Ygas . to or contemplating the use of any other method of lighting in substitution for or in combination with gas. If any person to whom the Company has refused to supply gas shall allege that the true reason for such refusal is that such person is using or contemplating the use of any other method of lighting in substitution for or in combination with gas, any such person may make complaint thereof before any justice of the peace, who may issue a summons to the Company to appear before any two or more justices

12292 GAS COMPANIES. Colonial Gas Association Limited Act. 19 Go. V., of the peace, who shall inquire into the matter of such complaint, and if such justices are of opinion that the true reason for such refusal of the Company is that such person is using or is contemplating the use of any other method of lighting in substitution for or in combination with gas, such justices may make an order upon the Company to supply and continue to supply such person with gas until just cause to refuse to supply such person with gas shall arise. In case the Company shall neglect or refuse to comply with such order of such justices, the Company shall be liable to a penalty of five pounds per day whilst such neglect or refusal shall continue, which penalty may be recovered in a summary way before two justices. Time within 40. No person whosoever shall be subject or wprhoiccehedings liable to any of the penalties or forfeitures inflicted by must be this Act for any offence against this Act, unless an taken. action shall huve been brought, or information or complaint respecting such offence or offences shall have been lodged, before some justices of the peace within three calendar months next after such offence shall have been committed. No certiorari. 41. No proceedings to be had and taken by virtue of this Act or in pursuance thereof shall be removed by certiorari or any other writ or processs whatsoever into His Majesty's Supreme Court of Queensland. iPcrarrsoeegvuioslfiaorn in of m4o2n.eyWtohbeen laenvyieddisutnredsesr sthhealalubtehomriatdyeoffotrhiasnAy cstuomr distress. any by-law made in pursuance thereof, the distress itself shall not be deemed unlawful, nor shall the party making the same be deemed a trespasser on account of any defect or want of form in the information, summons, conviction, warrant, or distress, or any other proceedings relating thereto, nor shall the party distraining be deemed a trespasser, ab initio, on account of any subsequent irregularity which shall be afterwards done by the party distraining, but the person aggrieved by such irregularity shall and may recover full satisfaction for any special damage by action. Prohibition 43. If the Company shall supply gas to any person odfifferential they shall so supply the same to him on the same terms rates. to which any other person is entitled under similar circumstances to a corresponding supply. 11

GAS COMPANIES. 12293 1928. Colonial Gas Association Limited Act. 44. At any time after the expiration of three years Power for from the passing of this Act the Brisbane City Council CBirtiysbCaonuencil may, upon giving at least twelve months' notice in to purchase writing, require the Company to sell, and immediately uCnodmeprtaankyin' sg. upon the expiration of such notice the Company shall sell, transfer, and deliver to the Council, and the Council shall purchase from the Company, the whole of the lands, buildings, works, mains, pipes, and apparatus of the Company in Sandgate and its suburbs, upon terms of payment by the Council to the Company of the then value of the Company's said property in Sandgate and its suburbs, such value in case of difference to be ascertained by arbitration in accordance with the provisions of the *" Interdict Act of 1867": • Provided that the value of such lands, buildings, works, mains, pipes, and apparatus of the Company shall be taken at their fair market value at the time of the purchase, due regard being had to the nature and then condition of such lands, buildings, works, mains, pipes, and apparatus and to the state of repair thereof and to the circumstance that they are in such a position as to be ready for immediate working and to the suitability of the same to the purposes of the under- taking; but without any addition in respect of compulsory sale or of gopdwill or of any profits which may or might have been or be made from the undertaking or of any similar considerations. Loca4l5.AuItthiosrhiteyretboyednetecrlaurpedonthtahteitmisanlauwfafcutlufroeratnhde ALmoucatayhleorntr supply of gas within the town of Sandgate and its upon suburbbss without exercising this or any other power of nu purchase of the undertaking of the Company. of gas within town of Sandgate and its suburbs. 46. All the costs, charges, and expenses attending Payment of tbhee papapidlyainngdfdoirs, cohbatarigneindgb, yantdhepaCssoinmgpoafntyhios uAtcot fshthalel t oc h bst i sa s io nc i f n tg pmuorpnoesyes oaflrtehaisdyAcsut binscprriebfeedreonrcetotpbaellreoctheeivrepdayfomretnhtes b ° tehf e orre cal a l i l ms. whatsoever. to af4fe7c. tNoorthaipnpgliyn,tothaisnyAcritgchotn, ttaiitnlee,dosrhainlltebreedsteeomf eHdissatrvgahintnatg; i) o ots f hee r Majesty, His heirs and successors, or of the body herein mentioned. * 31 Vic. No. 11, supra, page 2387.

12294 GAS COMPANIES. Colonial Gas Association Limited Act. 19 GEO. V., corporate and politic known by the name, style, and title of the Brisbane City Council, of any body or bodies politic or corporate whatsoever, or of any other person or persons, excepting such as ,are mentioned herein, or of those claiming by or under him, it, or them. 48. Nhceoorntehtianiinnged deemed toNcortehaintegahneyreliianbciloitnytauipnoedn tshhealBl rcirsebaatneeoCr ibtye dclrieaeeatmeteyd to Cdoonuenbciyl iitno. rreitssppercetdoefcaesnsyotrhsinpgredvoionuesloyr toomthitetepdastsoinbge BuCpritioysnb c a o ne unciloCf othmipsaAnyc. t in. relation to any pipes or other works of the in relation to pipes, &C. Interprets.- tion. 49. In. this Act, unless the context otherwise indicates, the following terms have and include the meanings set against the same respectively, that is to say:— "Building "—Any place of public worship or public amusement, or any public institution, public or private office, manufactory, house, shop, dwelling, inn, tavern, or other building whatsoever, or any court, garden, or yard; "Company" or "The Company"—The Colonial Gas Association Limited, their successors and assigns; "The Brisbane City Council "—The Brisbane City Council created by and under *" The City of Brisbane Act of 1924," and its successors exercising municipal authority in the area of the former town of Sandgate and its suburbs; "Ground "--Any ground, stones, soil, pavement, or material, or the roadway of any street; "Justice" or "Justices"—Any justice or justices of the peace for the State of Queensland, or any justice or justices of the peace having jurisdiction in the municipal or other district in question; Lamp"—Any lamp, whether on a post or affixed to any building, lamp-post, pillar, pilaster, wall, or lamp-iron; "Local Authority"—The Brisbane City Council or other body or person having jurisdiction over the street or place in question; 15 Geo. V. No. 32, supra, page 11140.

1928. GAS COMPANIES. Colonial Gas Association Limited Act. 12295 "Pipe "—Any main, main pipe, supply pipe, stopcock, water-cock, syphon, plug, branch, apparatus, or conduit; "Private purposes"—Any purpose whatsoever to • which gas may for the time being be applic- able, not being public purposes as herein defined; "Private way"—Any private way, lane, building, passage, or private grounds; "Public purposes "—The lighting with gas any street or any place belonging to or subject to the control of any Local Authority, or any church or registered place of worship, or any hall or building belonging to or subject to the control of any Public Authority, or any public theatre; "Street "—Any public street, market place, square, crescent, highway, roadway, lane, bridge, passage, or other place. Every reference to the "suburbs" of the town of Sandgate shall mean and include only Nudgee, Cribb, Island, Zillmere, and Bald Hills, as marked and delineated on the map in the Schedule to this Act. 50. This Act shall be styled and may be cited q, S Short title. "The Colonial Gas Association Limited Act of 1928." SCHEDULE. MAP. GAS. See COMPANIES (GAS COMPANIES). LOCAL AUTHORITY. See COMPANIES (GAS COMPANIES).